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Home My WebLink About~Master - Storm Sewer and Surface Water Flowage - Stewart - Lot 13, Southdale, 15th Add. Instrument: 200500002073 4� Date: 03-03-2005 Time: 02:31:28 ps. RETURN TO. Rec Fee: 16-00 E-Cos Fee: 1.00 Cenv� M Aud Filed for Recor1l.00 Trans STORY Tax: .00 CITY CLERK'S OFFICE p COUNTY INA SUSAN L. VANDE KAW,COUNTY RECORDER BOX 811 (� AMES IA 50010-0811 DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by: John R.Klaus,City of Ames Legal Department,515 Clark Avenue,Ames,Iowa 50010(Phone: 515-239-5146) STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT KNOW ALL PERSONS BY THESE PRESENTS that John H. Stewart, Martin Stewart, James Stewart and Lawrence W. Stewart (hereinafter called "Grantors"), hereby convey unto the City of Ames, Iowa,a municipal corporation(hereinafter called"City")a perpetual easement and right-of-way under,over, on,through, across and within the real estate described on Exhibit"A", attached hereto (hereinafter called "Easement Area"),for the purpose of the City constructing,reconstructing,repairing,replacing,enlarging, inspecting and maintaining a surface water flowage area and storm sewer together with all necessary structures and appurtenances thereto, under, over, on, through, across, and within the Easement Area. This Easement shall be subject to the following terms and conditions: 1. ERECTION AND PLACEMENT OF STRUCTURES, OBSTRUCTIONS, PLANTINGS OR MATERIALS PROHIBITED.Grantor shall not erect any fence or other structure(except a paved roadway,parking and/or other utilities)under,,over,on,through,across or within the Easement Area without obtaining the prior written consent of the City,nor shall Grantor cause or permit any obstruction, planting or material to be placed under, over, on, through, across or within the Easement Area without obtaining the prior written consent of the City. The Grantor shall have the duty to mow the grass and perform routine maintenance of the grassed waterways. The City shall have the right to excavate the waterways as needed to restore or enhance the functional capacity or structural integrity of those waterways. 2. CHANGE OF GRADE PROHIBITED. Grantor shall not Change the grade, elevation or contour of any part of the Easement Area without obtaining the prior written consent of the City. 3. RIGHT OF ACCESS. The City shall have the right of access to the Easement Area and have all rights of ingress and egress reasonably necessary for the use and enjoyment of the Easement Area as herein described, including but not limited to, the right to remove, without liability to the City, any unauthorized fences,structures,obstruction,planting or material placed or erected under,over,on,through, across or within the Easement Area. 4. LIABILITY. Except as may be caused by the negligent acts or omissions of the City, its employees or agents, the City shall not be liable for injury or property damage occurring in or to the Easement Area, the property abutting said Easement Area, nor for property damage to any improvements or obstructions thereon resulting from the City's exercise of its rights herein granted or arising in any manner Page 1 of 2 from the existence of this Easement, or from the flowage or drainage of water into, over, through, across, within or out of said Easement Area. Grantor agrees to indemnify and hold City,its employees, agents and representatives harmless against any loss,damage or injury arising out of or resulting from the negligent or intentional acts or omissions of Grantor or its employees, agents or representatives. 5. EASEMENT BENEFIT. This Easement shall be for the benefit of the City. 6. EASEMENT RUNS WITH LAND. This Easement shall be deemed to run with the land and shall be binding on grantor and on Grantor's heirs, successors and assigns. Grantor does hereby covenant with the City that(i) Grantor holds said real estate described in this .Easement by title in fee simple; (ii) Grantor has good and lawful authority to convey the premises against the claims of all persons whosoever. Words and phrases herein including acknowledgment hereof shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated this /.S day of 2005. JOHN H. STEWART MARTIN STEWART STATE OF —elf4s COUNTY ss: STATE OF t�-A,1/C COUNTY ss: On this L_day of a Y 2005,before me,a On this�1 day of Per wor 2005,before me,a W Notary Public in and for the State F _C•o It f .04 , Notary Public in and for the State of ,personally personally appeared John H. Stewart, to me known to be the appeared Martin Stewart,to me known to be the person named in person named in and who executed the foregoing instrument,and and who executed the foregoing instrument, and acknowledged acknowledged that he executed the same as his voluntary act and that he executed the same as his voluntary act and deed. deed. •1 , 1 Notary Public in and for the State of ,G TARAMATTIE D.GHANSIAM J`a o �� Notary Public,State of Florida " �1,p08 • tAy comrri.expires Apr. 18,2008 �* Sepei��„� Sw;� No.DO 310730 r�. #oD351824 '.fir o u d F E DL • LAWN_W. STEWARTJ ��•Y r' `'�• . •.O�'c,� at ATE OF IOWA,STORY COUNTY s: STATE OFF`e MPD-SG�COUNTY ss: On this 1 day of ,2005,before me,a On this h-� day of 2005,before me,a Notary Public in and for the tate of personally Notary Public in and for the State of Iowa,personally appeared —fj appeared Lawrence W. Stewart, to rt�� t'�Sq�, erson James Stewart,to me known to be the person named in and who �' executed the foregoing instrument, and acknowledged that he named in and who executed th�c� t }ug••tr�s f!,�and executed the same as his voluntary act and deed. acknowledge that he executed tl�sie�s his volurif act4�td deed. NOTARY _ RUBUC i AT Notary Public in and for the to of Iowa Notary Publi and for i$ off Stewart2 -St Water Flowage Easement 122904. d 1/� 1� �P IP11114f1 ��eBiT'Y�1aSSlgl�1 f"�}+i(�.S CJ:9�-�6'0 7 DIANE WILHELM-JOHNSON R COMMISSION#147508 14 ` MY COMMISSION^�EXPIRES Page 2 of 2 lOWA �.�H- 1) - a STORM SEWER AND SURFACE FLOWAGE EASEMENT PLAT 0 CITY OF AMES, PUBLIC WORKS DEPARTMENT DATE: N OWNER : JOHN H. STEWART 8 MARTIN STEWART ETAL C/O JAMES STEWART 3847 550TH AVE AMES, IA 50010 w a KEN MAR I L RD NO SCALE 424 428 434 438 500 506 512 518 J 602 608 6N 620 626 632 700 706 712 720 - Wr u+o+w nor a wr s LOT+r+.o+a wr o wr» Q nor n LOT n r to wr 24 or t nor nor or»or» 62' 3.39 2.6 62' 62' 62' 55' 74' W 74• 66' 63' J' 63' 63' 63' 63' 63' 269.67' .. .. CORPORATE LAMTS POMJT OF __.. .. ... ... . BEONNNG 977.OB't•/•> w Ll STORM SEWER AND SURFACE FLOWAGE EASEMENT FROM: JOHN H. STEWART 8 MARTIN STEWART ETAL DESCRIPTION: COMMENCING AT THE SW CORNER OF LOT 13, SOUTHDALE 5TH ADDITION TO THE CITY OF AMES, STORY COUNTY, IOWA; THENCE EASTERLY 977.08', MORE OR LESS, ALONG THE SOUTH LINE OF SAID SUBDIVISION; THENCE SOUTHERLY 35'; THENCE WESTERLY 977.08', MORE OR LESS, ALONG A LINE PARALLEL TO SAID SOUTH LINE OF SAID SUBDIVISION; THENCE NORTHERLY 35' TO THE POINT OF BEGINNING. CONTAINING APPROXIMATELY 0.79 ACRES. RECORDED: INSTRUMENT NO. : DATE: 09-23-400-120 and D9-23-400-215